Posted on June 17, 2011 by

Part 3A to be repealed

The Environmental Planning and Assessment Amendment (Part 3A Repeal) Bill 2011 (Bill) was introduced into the Legislative Assembly on 16 June 2011.

As expected, the Bill repeals Part 3A of the Environmental Planning and Assessment Act 1979 (EPA Act).

The Bill was passed without amendment and is now with the Legislative Council. It is understood that the Bill may pass as early as next week.

Supporting Regulations and a State Environmental Planning Policy (SEPP) still need to be prepared prior to the commencement of the legislation.

It is anticipated that the Government will complete the supporting Regulations and SEPP shortly and the legislation may come into operation during July 2011.

Upon its repeal, Part 3A of the EPA Act is to be replaced by the following:

  • Development which is not ‘State significant development’ or ‘State significant infrastructure’ will be dealt with under Part 4 of the EPA Act by Councils or a Joint Regional Planning Panel,
  • Development which is ‘State significant development’ will be assessed under a new Division 4.1 of Part 4 of the EPA Act by the Minister, and
  • Development which is ‘State significant infrastructure’ will be dealt with under a new Part 5.1 of the EPA Act by the Minister.

We are presently reviewing the Bill in detail and will provide a more comprehensive review next week.